Deprivation of Liberty Safeguards (DoLS) Resource

The DoLS e-Learning training is
available free of charge to all NHS funded doctors in England and
Wales. The e-Learning training is delivered by e-Learning for
Healthcare (e-LfH).

The role of the mental
health assessor is an important statutory role. Once
doctors have successfully completed and passed the training, they
are eligible to play an essential part in a process designed to
protect the rights of vulnerable people who lack capacity to make
their own decisions about their accommodation for care or
treatment. Depending on the outcome of assessments carried out by
the mental health assessor, and also by the best interests
assessor, a person’s deprivation of liberty may be authorised as
being lawful and in their best interests.

About Deprivation of Liberty Safeguards

The Mental
Capacity Act Deprivation of Liberty Safeguards (formerly known as
the Bournewood safeguards) were introduced into the Mental Capacity
Act (MCA) through the Mental Health Act 2007 (MHA). The aim of the
safeguards is to provide legal protection for those vulnerable
people who are deprived of their liberty otherwise than under the
Mental Health Act 1983, to prevent arbitrary decisions to deprive a
person of their liberty and to give rights to challenge deprivation
of liberty authorisations. The safeguards apply to people who lack
capacity to consent to care or treatment, and who are suffering
from a disorder of the mind. The implementation of the safeguards
should reduce the number of people deprived of their liberty in
care homes and hospitals.

The Royal College
of Psychiatrists (RCPsych) has worked collaboratively with the
Department of Health to produce training for doctors.
Regulations agreed by Parliament in 2008 have specified that
Supervisory Bodies (in relation to DoLS) must be satisfied that, to
be mental health assessors, doctors must have completed this DoLS
mental health assessor programme, made available by the
RCPsych.

Becoming a DoLS Mental Health Assessor

The training is designed for
two groups of medical practitioners:

Medical practitioners who have at least three years post
registration experience of the diagnosis or treatment of a mental
disorder from a variety of medical specialties and who are not MHA
Section 12 Approved.